The Green Coffee Contract - Essay Example

?Part A With respect to a written contract, every party must account for all the terms and conditions of the contract. A contract in this case includes an offer, consideration and acceptance. Changing any aspect of the contract is considered a breach of the contract. Under the contract signed between Java Distributers and Green Coffee, the latter was required to deliver 500 pounds of coffee to Green Coffee every Monday. Realising that it would not be able to deliver the coffee to Green Coffee on Monday as agreed upon in the contact, Java Distributors took the initiative of informing Green Coffee of the situation. By not delivering the coffee as stipulated in the contract, Java Distributors has made a material breach of the contract. A material breach of contract comes into effect when a party to a contract substantially and unjustifiably fails to meet their contractual obligation(s). Although Green Coffee can take Java Distributors to court, it is advisable that it pursues a different path of dispute resolution especially considering that it will have to incur a lot of expenses in legal fees and yet it will receive a little compensation in case it wins the case in a court of law. As earlier noted, Green Coffee can pursue an alternative avenue in resolving the dispute at hand, other than going to court. It may engage negotiation, arbitration, and mediation, all of which are less costly and which are known to be faster than litigation. One case in point that involved a material breach of contract is Miller v. Mills Constitutional, Inc. In this case, the district court held that Mills had breached the contract by failing to deliver the materials that it had agreed to deliver as stipulated in the contract. In the case of Miller versus Mills, the case rightly ended up in court considering the amount of money involved. This case is quite similar to the case involving Green Coffee and Java Distributors. By failing to deliver the coffee, Java Distributors caused Green Coffee losses. Green Coffee was not able to serve customers and therefore lost business on that day. This being the case, Green Coffee should receive compensation from Java Distributors that equals the amount the Green Coffee normally makes on a Monday, tips included. The best thing for Green Coffee to do is to invoke a dispute resolution method that is less expensive. Since Java Distributors may be unresponsive to a negotiation, the organization would best apply mediation or arbitration to resolve the dispute. If mediation as a process is chosen as a way of resting the case, both parties will have to choose a neutral party who will suggest ways for resolving the dispute and facilitate communication. Normally, a mediator is knowledgeable in the matters of law. In some cases, mediation may lead to litigation. By opting for arbitration, the parties rely on a neutral party (the arbitrator) who is not necessarily knowledgeable in legal issues. The arbitrator listens to both parties before making a legally binding decision which can be subject to appeal at the district court. Considering the situation, Green Coffee would better go for arbitration and avoid going to court as much as possible. Part B The location of the coffee shop, the environment, the clientele, and the prices of the products on offer determine the kind of table that is suitable. If the coffee shop is located in an upmarket area in Boston visited by high class clients and serves as a place where people meet, then tables with stained glass tops are suitable for purchase. On the other hand, if the shop targets middle class and low class clients and is located in a downscale location, stainless steel tops would be suitable. Whichever the choice between the two, a contact will have to come into effect. The contract will include an offer, consideration and acceptance so as to be valid. When a stained top glass is chosen especially, a warranty should be granted so that in case of any damages, there can be a replacement. Part C The three new workers signed a written contract. However, considering that they were 17 years of age, they are considered minors; they have not attained legal age. Because they have not attained legal age, the three have no legal capacity to enter into a contract. This being the case, the contract is voidable. They can disclose to a competitor the secret blend of coffee. The company can opt to seek promissory estoppels from a court of law since the three entered a voidable contract. The owner can therefore recover a promise without being entitled to a consideration from the minors. Given that promissory estoppels are not enforceable in many cases, the owner can rely on them albeit at high risk. The owner may also choose to invest in patenting the secret coffee blend so that there will be no worry in the event that the secret is disclosed to the competitor. Part D There is a high chance that Green Coffee will pay for the man’s injuries. According to the law of agency, an organization is liable for the mistakes done by a employee who is undertaking business on its behalf. Joe who was texting while driving did not stop at the stop sign as required of him, leading to the accident. This is an act of negligence by Joe. At this time, Joe was conducting business for Green Coffee. Although Green Coffee is not responsible for the two acts of negligence; texting while driving and failing to stop at the stop sign, it is responsible for compensating the man for the injuries caused to him. If Green Coffee had a limited liability insurance, there are high chances that the company would not incur extra costs relating to the injuries incurred by the man. The man would, however, definitely win a case against Joe for his acts of negligence. Joe’s acts fall under negligent tort considering the harm he caused to another person as a result of his irresponsible manners. Read More